LAWS(HPH)-1989-2-5

CHET RAM Vs. STATE OF H.P.

Decided On February 24, 1989
CHET RAM Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) This is a second revenue revision petition directed against the order dated 6 -9 -1988, passed by the Commissioner, Simla Division in revenue revision No. 2/1988, titled as Sh. Chet Ram v. State of H. P By virtue of the impugned order, the learned Commissioner rejected the revision on the ground that the order of the Revenue Officers below i. e. Assistant Collector I Grade/Collector, Rampur do not suffer from any infirmity and the petitioner could not point out any material illegality or irregularity in it.

(2.) Briefly stated, the case of the petitioner is that the petitioner encroached upon Government land comprised in Khasra No. 4043/4043/ 2938/1778/1 situated in Village Parali, Tehsil Kumarsain by having installed a Saw -Mill thereon. The circle Patwari reported this fact to the Assistant Collector on 1 -6 -1987. Upon the report of the Patwari, the Assistant Collector II Grade, Kumarsain initiated proceedings against the petitioner (encroacher) under section 163 of the H. P. Land Revenue Act and passed an order for his ejectment on 30 -6 -1987.

(3.) The petitioner, feeling aggrieved by the order, dated 30 -6 -1987 of the Assistant Collector I Grade, preferred an appeal before the Sub -Divisional Magistrate -cum -Collector, Rampur Tehsil. But the latter, by his order dated 16 -8 -1987 up -held the orders of the Assistant Collector I Grade. Thereafter, the petitioner moved the learned Divisional Commissioner, Simla Division in Revision against this order. The learned Divisional Commissioner by his order, dated 6 -9 -1988 has rejected his petition Hence this second revision petition before this Court by the petitioner against the impugned order of the learned Divisional Commissioner.